BIRMINGHAM, Alabama - Alabama Gov. Robert Bentley will not appoint a replacement for a retired Jefferson County judge at the request of Alabama Supreme Court Chief Justice Roy Moore's office, which suggests moving that judgeship to Mobile.

"Governor Bentley is honoring a request from the chief justice's office and is not appointing anyone to the position," Jennifer Ardis, press secretary to Bentley, said late this afternoon. "This request was made based on the needs of the judicial system from a statewide perspective and the Governor is honoring the Chief Justice's request."

Mobile County, however, has a need for five new judges and Madison County three new circuit judges based on the formula used in the report, Hobson writes in the letter.

Hobson's letter was sent to the governor's office before the Jefferson County Appointment Committee, which makes recommendations for the replacement of judges, began taking applications and interviewing potential candidates to recommend to the governor.

The committee in July recommended three candidates - former Jefferson County Circuit Court Judge William Cole and deputy Jefferson County District Attorneys Joe Hicks and Danny Carr - as candidates for the governor to consider for appointment to Bahakel's seat on the bench.

Ardis said that the governor's office began notifying parties involved that he would not appoint anyone to the seat.

In his letter, Hobson addresses the law that says the governor has 90 days in which to make the appointment from the three candidates. If he does not, then that appointment is to be made by the chief justice, he writes.

Moore has agreed not to make the appointment, "waiting for the legislature to reconvene in January, at which time the legislature can introduce a bill effectively transferring the judgeship from Jefferson County to the 13th Judicial Circuit in Mobile ... where you would make the appointment next year," Hobson wrote.

"In addition to the benefit of using limited resources (in this case a judgeship) in an efficient manner, another benefit is that the delay will allow Jefferson Count time to acclimate itself to operating with one less judgeship," Hobson wrote. "Savings of salaries for at least half a year will also be realized."

A few judges contacted in Jefferson County declined comment.

A few court officials, however, have pointed to the precise wording of the law that says that if the governor fails to make an appointment, then the appointment "shall" be made by the chief justice.